Thomas v. Clark County School District Police Department et al

Filing 65

ORDER granting 64 Stipulation to file redacted exhibits. Signed by Magistrate Judge Cam Ferenbach on 5/5/2015. (Copies have been distributed pursuant to the NEF - DKJ)

1
2
3
4
5
6
7
8

Greenberg Traurig, LLP
3773 Howard Hughes Parkway - Suite 400 North
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

9

10
11

MARK E. FERRARIO
Nevada Bar No. 1625
[e-mail]
KARA B. HENDRICKS
Nevada Bar No. 7743
[e-mail]
LANDON LERNER
Nevada Bar No. 13368
[e-mail]
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Fax:
[phone]
Counsel for Defendants
Clark County School District and James Ketsaa

12
13
14

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

15

MICHAEL THOMAS, an individual,

18

FILIBERTO ARROYO, an individual,
JAMES KETSAA, an individual, CLARK
COUNTY SCHOOL DISTRICT, a public
entity; and DOES 1-100 inclusive,

16
17
19
20
21
22
23

Case No. 2:13-cv-01743-RFB-VCF
Plaintiff,
vs.
STIPULATION AND [PROPOSED]
ORDER REGARDING POTENTIALLY
PRIVILEGED DOCUMENTS AND REFILING OF MOTION TO DISMISS
WITH REDACTED EXHIBITS

Defendants.

Defendants CLARK COUNTY SCHOOL DISTRICT and JAMES KETSAA, (collectively,

24

“Defendants”), together with Plaintiff Michael Thomas (“Plaintiff’), by and through their respective

27

Dismiss”) (Dkt. #55 and #56) will not be filed under seal, but will be refiled with personally

25
26
28

counsel of record, hereby file this waiver of privilege and stipulation that Defendants’ Motion to
Dismiss Second Amended Complaint or Alternative Motion for Summary Judgment (“Motion to
identifiable information redacted from the exhibits thereto.
1
LV 420435886v6 120810.011100

1
2
3
4

THE PARTIES STIPULATE AND AGREE AS FOLLOWS:
WHEREAS, on February 24, 2015, Plaintiff filed a Second Amended Complaint (Dkt. #49);
WHEREAS, on March 23, 2015, Defendants filed a Motion to File Under Seal (Dkt. #54)

5

their Motion to Dismiss Second Amended Complaint or Alternative Motion for Summary Judgment

8

A – T, 1 thereto because Defendants believed they contained confidential and/or personal

6

(“Motion to Dismiss”) (Dkt. #55 and #56);

9

information belonging to Plaintiff;

Greenberg Traurig, LLP
3773 Howard Hughes Parkway - Suite 400 North
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

WHEREAS, Defendants sought to file under seal the Motion to Dismiss, including Exhibits

WHEREAS, the exhibits to the Motion to Dismiss also contain personal information
required to be redacted pursuant to Federal Rule of Civil Procedure 5.2;
WHEREAS, after Defendants sought leave to file the Motion to Dismiss under seal, Plaintiff
requested that the Motion to Dismiss, including Exhibits A – T, not be filed under seal;
WHEREAS, on April 20, 2015, Defendants’ Motion to File Under Seal was denied (Dkt.
#60);

1

The Motion to Dismiss has the following exhibits attached thereto:
a. Grievance Report dated November 22, 2005;
b. Charge of Discrimination dated February 16, 2006;
c. Request for Withdrawal of Charge of Discrimination dated March 9, 2006
d. Arbitration Opinion and Award dated April 27, 2007;
e. Agreement dated September 18, 2008
f. First Grievance dated April 27, 2011;
g. Second Grievance dated April 27, 2011;
h. Communication from Mr. Hoffman dated May 6, 2011;
i. Charge of Discrimination dated July 6, 2011;
j. Correspondence from NERC dated June 21, 2012;
k. Dismissal and Notice of Rights dated August 29, 2012;
l. Charge of Discrimination dated June 13, 2012;
m. NERC Letter dated January 30, 2013;
n. Dismissal and Notice of Rights dated May 24, 2013;
o. Excerpts from Deposition of Plaintiff dated December 28, 2012;
p. Excerpts from Deposition of Plaintiff dated January 9, 2013;
q. Collective Bargaining Agreement Article 4
r. Grievance dated April 3, 2012;
s. Correspondence to Plaintiff regarding Grievance dated April 24, 2012;
t. Correspondence with Jon Okazaki dated June 15, 2012

LV 420435886v6 120810.011100

2

1
2

WHEREAS, Defendants were granted leave to file a renewed Motion to File Under Seal by

3

May 4, 2015;

6

subject to viewing by the public and Plaintiff expressly waives any privilege or confidentiality that

9

Plaintiff’s request that the Motion to Dismiss, including Exhibits A – T, not be filed under seal and

4

WHEREAS, Plaintiff understands that if the Motion to Dismiss, including Exhibits A – T, is

5

not filed under seal, the Motion to Dismiss, including Exhibits A – T will be public record and

8

WHEREAS, Defendants agree not to file a renewed Motion to File Under Seal in light of

Greenberg Traurig, LLP
3773 Howard Hughes Parkway - Suite 400 North
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

7
10

may be associated with the same;

Plaintiff’s waiver of any privilege or confidentiality which may be asserted thereto.

11

NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWS:

12

1. Defendants will not file a renewed Motion to File Under Seal;

13

2. Within ten days of this stipulation being approved by the Court and an Order entered

14
15
16

regarding the same, Defendants will re-file their Motion to Dismiss (Dkt. #55 and
#56), including Exhibits A – T, and in so doing will redact all personal information
required to be redacted pursuant to Federal Rule of Civil Procedure 5.2; and

17

///

20

///

23

///

26

///

18

///

21

///

24

///

27

///

19

///

22

///

25

///

28

LV 420435886v6 120810.011100

3

1
2
3
4
5
6
7
8

Greenberg Traurig, LLP
3773 Howard Hughes Parkway - Suite 400 North
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

9

10
11
12
13
14
15
16
17

3. The re-filing of the Motion to Dismiss (Dkt. #55 and #56) will not alter the deadline
for Plaintiff to respond to the allegations in the Motion to Dismiss as set forth in the
Order on Stipulation for Extension of time to file response (Doc. #61).
IT IS SO STIPULATED.

Dated this 30th day of April, 2015.

Dated this 30th day of April, 2015.

GREENBERG TRAURIG, LLP

DAVID OTTO & AFFILIATES, PC

/s/ Kara B. Hendricks
Mark E. Ferrario
Nevada Bar No. 1625
Kara B. Hendricks
Nevada Bar No. 7743
Landon Lerner
Nevada Bar No. 13368
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Attorneys for Defendants
Clark County School District and
James Ketsaa

/s/ David J. Otto
David J. Otto
Nevada Bar No. 5449
1433 North Jones Boulevard
Las Vegas, NV 89108
Attorney for Plaintiff
Michael Thomas

18
19

IT IS SO ORDERED.

20
21

UNITED STATES MAGISTRATE JUDGE

22
23

May 5, 2015

24

DATED:

25
26
27
28

LV 420435886v6 120810.011100

4